Dale v. Lavigne
Decision Date | 15 January 1875 |
Citation | 31 Mich. 149 |
Court | Michigan Supreme Court |
Parties | Henry S. Dale and others v. Felix Lavigne |
Heard January 15, 1875
Error to St. Clair Circuit.
Lavigne sued plaintiffs in error in justice's court, and recovered judgment on Tuesday, June 9, 1874. On Monday the 15th day' of June, 1874, the defendants in said judgment filed their appeal papers with the justice, who made return to the appeal, showing this fact. Lavigne's counsel thereupon moved in the circuit to dismiss the appeal on the ground, among other things, that it was not taken within the time required by the statute.
This motion was granted, and the appellants bring error.
Judgment affirmed.
Chadwick & Potter, for plaintiffs in error.
Atkinson Bros., for defendant in error, were stopped by the court.
The Court held that the ruling of the circuit judge was correct, and that the case was within the principle of Harrison v. Sager, 27 Mich. 476.
Judgment affirmed.
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